MISCELLANEOUS ISSUES; REGULATIONS – Regulations Considered (By Number) (Continued)

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1503.03000 – Regulations Considered (By Number) (Continued)

The grounds for reconsideration are limited to claims that: “(1) the decision of the Board itself contains prejudicial errors of fact, or (2) the party has newly discovered evidence which was not previously available and could not have been discovered with the exercise of reasonable diligence.” (PERB Reg. 32410(a).) A party cannot use the reconsideration process to register its disagreement with the Board’s legal analysis, to re-litigate issues that have already been decided, or simply to ask the Board to try again. (p. 2) The Board denied the request for reconsideration because it failed to address either of the required criteria but challenged solely the Board’s legal analysis and conclusions in the underlying decision, which is not a basis for reconsideration. (Ibid.)